§ 8845. Petition and order for continued custody, care, and habilitation
(a)(1) If, prior to the expiration of any previous commitment order issued in accordance
with 13 V.S.A. § 4823 or this subchapter, the Commissioner believes that the person is a person in need
of continued custody, care, and habilitation, the Commissioner shall seek continued
custody, care, and habilitation in the Family Division of the Superior Court. The
Commissioner shall, by filing a written petition, commence proceedings for the continued
custody, care, and habilitation of a person. The petition shall state the current
and relevant facts upon which the person’s alleged need for continued custody, care,
and habilitation is predicated.
(2) Any commitment order for custody, care, and habilitation or continued custody, care,
and habilitation issued in accordance with 13 V.S.A. § 4823 or this subchapter shall remain in force pending the court’s decision on the petition.
(b) Upon receipt of the petition for the continued custody, care, and habilitation, the
court shall hold a hearing within 14 days after the date of filing. The hearing may
be continued for good cause shown.
(c) If the court finds by clear and convincing evidence at the time of the hearing that
the person is a person in need of continued custody, care, and habilitation, it shall
issue an order of commitment for up to one year in a designated program in the least
restrictive environment consistent with the person’s need for continued custody, care,
and habilitation. If the court finds at the time of the hearing that the person is
no longer in need of continued custody, care, and habilitation, it shall discharge
the person from the custody of the Commissioner in accordance with section 8847 of
this subchapter. In determining whether a person is a person in need of continued
custody, care, and habilitation, the court shall consider the degree to which the
person has previously engaged in or complied with the treatment and programming provided
by the Commissioner. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 152; 2023, No. 6, § 217, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 26, eff. July 1, 2024.)